After sending a DVL to a CA, CA replied with photo-copies of the CC account statement. I am planning on sending a reply to that with another DVL. However, just wanted to find out if anybody ever had such experience. Few key points: 1. The documents just look like as if they were photo-copies of monthly account statements. 2. How can I be sure that bank has assigned this CA as their representatives? The last page just shows account being charged-off but doesn't tell what happened after that. 3. What if somebody gets my address and sends me old monthly statements demanding money. Is there any law that would require them to first authenticate or prove their authority in this matter? 4. Does the law provide a CA to collect my personal information without even providing me a documents that they have any such authority?
A lot of form letters have a lot of worthless gobbledygook about what the original writer of the letter feels is required for validation. 1) THIS is the ideal, when you should be complaining is if they send you a blank excel spreadsheet that they are claiming is validation. 2) Hmmmm, what is the odds that if you send a letter to the OC, asking them to provide you with the account statements for John Doe, that they would blindly provide the account statements to you, unless they knew that they were in some legal arrangement that allowed them to provide those statements to you? 3) The fact that they were able to obtain the statements from the OC is more than enough proof that they more than likely are currently in a position of authority in the matter, I've only had ONE situation where more than one CA appeared to have authority at the same time, unless there is another CA who is (a) reporting on your credit report, or (b) actively sending you letters for, or (c) actively making collection calls for the same account, there is no rational doubt as to their authority. 4) See above. Additional note on #2 - Is the amount that is on the last statement, the amount that they are CURRENTLY saying is owed, or is the amount higher? THIS is the only time that you could argue that it is not sufficient documentation, but you wouldn't be arguing the insufficiency of the main documentation, just that the validation does not prove that the amount that they are attempting to collect is the 100% accurate amount, character, and legal status of the debt, without the collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.
Thanks for the reply. 1. If OC & CA are in some legal arrangement that allowed them to provide those statements to me, can I request for the proof for the same just to make sure that my money is going in right hands. 2. What is CA entitled to collect; charge Off amount or more than charge off amount? 3. I just pulled up CR. As per the CR: Pay Status - Charged Off Date Paid - A recent date (3-4 months ago) Remarks - Transferred to another office. I am not able to understand that, if OC transferred it to another office then why is a CA collecting it. Furthermore, based on my CR, wouldn't I be demanding more validation than receiving just a copy of OC's account statements from a third company that I have never heard of. 4. I am not able to figure out as to what should be my best approach in this matter as I am not this CA's customer and neither I have entered into any legal contract with them.
Hi Ash, here are a few thoughts in response to your questions: 1.) You could, but it sounds to me like they've probably provided enough info. to prove that they have the right to collect this debt. 2.) If the original contract you signed says so, the CA is entitled to collect the entire balance due plus interest. 3.) It looks to me like this means the OC has transferred your account to a collection agency. 4.) Have you tried getting in touch with the OC? If they really have transferred your account to this CA, they'll most likely direct you to them once you get in touch regarding the account.
